Terms and Conditions
Thank you for choosing to purchase the publication entitled ‘10 Self Guided Tours Down Under’ (“Publication”).
In this License Agreement, ‘we’ or ‘us’ means AGM Enterprises LLC and ‘you’ means the person, organisation or entity that purchases the Publication from us.
Placing an Order
- All orders for the Publication (“Order”) must be placed in the required form on the website http://agm-enterprises.myshopify.com/ (“Website”).
- A contract binding on you and us for the supply of the Publication will come into existence on the date we accept your Order and will comprise the Order and this License Agreement (“Contract”).
- We may decline or accept an Order in whole or part in our absolute discretion. Once we have accepted your Order, you may not cancel the Order unless we agree to your cancellation, in which case you may be required to pay a cancellation fee.
- Upon acceptance of the Order, you will be able to download the Publication directly from the Website or, at your election, via a link in an email sent to the email address you nominated in the Order (“Email Address”)
Payment and Updates
- The price for the Publication (“Price”) is the price in USD appearing on the Website and may be updated without notice. The Price also includes, commencing from the date of submission of the Order, the download of any Publication subsequently updated for as long as we chose to make these available at no charge. We will send you an email to your Email Address notifying you of any update to the Publication with a link to access the updated Publication.
- You agree to pay the Price for the Publication, and any other applicable charges (such as tax, tariff or duty), at the time of your Order. All payments must be made in by credit card.
- We may suspend or cancel an Order if we reasonably believe that the Publication may cause injury or damage, or may infringe the intellectual property rights of any person. No such suspension or cancellation will in any way constitute an admission of liability or fault on our part.
- In order to download the Publication, you will require a compatible device as in accordance to the electronic version you have chosen.
- Each Order entitles you to up 2 downloads of the Publication and any subsequent updated Publication.
- The Publication consists of content owned or licensed by us. All rights, title and interest in any intellectual property rights in connection with the Publication (and all associated materials, images and information) are our property or licensed to us. Apart from the permitted use under this License Agreement, all right, title and interest in the Publication in all languages, formats and media throughout the world, including all copyrights are and will continue to be owned by us and other contributors.
- Provided you are complying with your obligations under the License Agreement and have paid all necessary fees, we grant to you, in relation to each Publication and update supplied by us, a limited, non-exclusive, non-transferable, revocable licence for a single user to use the Publication subject to this Licence Agreement (“Single Use Licence”).
- You, as a licensee of a Single Use Licence, may:
- download, use, browse and search the Publication;
- digitally store the Publication solely for backup purposes;
print the Publication for personal use.
- Subject to this clause 4, you must not:
- reproduce, modify, translate, disseminate, broadcast or distribute in any way (including sell, lease, rent, loan, sublicense, or otherwise transfer to any third party) the whole or parts of the Publication in any form (whether digital or physical);
- provide, disclose, publish, divulge, make available to any third party or permit use of by any third party of the Publication, or any part of it (including by directly or indirectly providing access to the Publication via any internet-based application or any other form of file sharing mechanism);
- take any action that would imply or infer that the Publication did not originate from us; or alter, supplement, obscure or remove any copyright notice, trade marks, label, instructions on the Publication or related materials; or
- download, print, store or otherwise use the whole or parts of the Publication in any form or by any means.
Disclaimer of Warranties and limitation of Liability
- Whilst we will use reasonable endeavours to ensure that the Publication does not infringe the intellectual property rights of any person, we do not warrant that the use of the Publication will not infringe the rights (including intellectual property rights) of any person. In the event we become aware that the Publication may infringe the intellectual property rights of any person, we may modify any future versions of the Publication as we see fit so as to render the Publication non-infringing. You must notify us immediately upon becoming aware of any claim that the use of the Publication infringes the intellectual property rights of any person.
- You must indemnify us against the full amount of all expenses, losses, damages and costs (on a full indemnity basis and whether incurred by or awarded against us), that we may sustain or incur, including those arising from an action claim or demand brought or made against us by a third party, directly or indirectly in connection with any breach of this License Agreement by you or your use of the Publication.
- If we lose the right to offer, or are otherwise unable to offer, the Publication we may terminate your access to the Publication. At our sole discretion and using commercially reasonable practices, we may provide the Publication in another format.
- Clauses 4, 5 and 6 of this License Agreement survive termination, suspension or cancellation of the License Agreement.
- This License Agreement is governed by the laws of Hawaii USA. The parties agree to submit to the non-exclusive jurisdiction of the courts of Hawaii USA. If any provision of this License Agreement is invalid, illegal or unenforceable, this License Agreement will take effect (where possible) as if they did not include that provision.
- If a dispute arises under the Contract, neither of you and us may bring court action against the other (other than proceedings seeking urgent interlocutory injunction) without first attempting to resolve the dispute by negotiation for a period of at least 14 days.